Same-Sex Couple
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in New Hampshire (i.e., neither of the Intended Parents lives in New Hampshire)?
Will New Hampshire Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Second Parent & Stepparent Adoptions for New Hampshire Residents
Note: This situation typically arises if the child is born outside the state. The parents then return to New Hampshire to obtain a second parent adoption or stepparent adoption in New Hampshire.
Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to heterosexual couples living in New Hampshire?
Does the couple need to be married?
Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to same-sex couples living in New Hampshire?
Does the couple need to be married?
- Yes, the New Hampshire Supreme Court ruled in In Re Jason C. (1987) that couples must be married to adopt.
Egg and Sperm Donation
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, New Hampshire’s statute N.H. RSA 168-B:2.III (2014) specifies, “A donor is not a parent of a child conceived through assisted reproduction.”
Traditional Surrogacy in New Hampshire
Traditional Surrogacy agreements are permitted in New Hampshire. However, pre-birth orders are not available.
Back to Surrogacy Map